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Application of article 120 in case of a mistake by the employee

Hi.

I am working as an engineer. I am preparing BOQ for the project and I will forward it to my manager for verification and he will make a final quotation and send it to the customer.

Unfortunately, I did a small mistake while making the BOQ in the Tender Stage Project and forwarded it to my manager for further procedure. He has not noticed also the mistake.

After a couple of months, the main contractor called for a final discussion. That time we cross-checked the BOQ again and I found this mistake.

I informed my manager that we missed this quantity which will increase the project cost, so we won't be able to meet their target. He shouted at me because we lost this project.

I will take the necessary action. I just want to know if Article 120 is applicable to this issue.

Please advise.

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15 Jan 2019, 11:35

Dear Questioner,

I guess. You have this provision in mind while raising this question:-

Art. 120 (c):

- If the worker makes a mistake resulting in a substantial material loss for the employer, on condition that the latter notifies the Ministry of Labour of the incident within 48 hours of his becoming aware of its occurrence.

Your employer may terminate you immediately under this provision. Please note that this will not take away your right to challenge this before the court.

If you need any further information, assistance or guidance please feel free to contact me.

Thank you.

Regards,

Rajasree Ravivarma

0544461746

15 Jan 2019, 12:11

Dear Rajasree,

Many thanks for your prompt reply.

Can you confirm if I am not eligible to file a complaint in court?

I informed my manager before any loss happened. During the tender stage we quoted with less amount but when it is Job in Hand (JIH) Stage I informed my manager about the issue and pointed out what happened.

If I hide these mistake means it will lead to a big sustainable material loss if that job awarded to us.

Before that, I informed him and we lost the project but we didn't have any financial loss due to my mistake.

If earlier we quoted with a higher cost means we won't be called for the second stage of the meeting.

Kindly advice.

15 Jan 2019, 12:23

Definitely, you can challenge the arbitrary dismissal [if you have been already dismissed from the Job under Art 120].

Hope you have all the proof to show that you had already informed your manager regarding the issue.

However, the burden of proof will be on the employer with regard to the material loss he sustained because of the employee.

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